Longtime prosecutor likes avoiding the spotlight

US Attorney for the Southern District of Texas Kenneth Magidson speaks during a press conference at the US Attorney's office Friday, Nov. 9, 2012, in Houston. Officials spoke about the arrest of dozens of Texas members of the white supremacist Aryan Brotherhood gang on federal racketeering charges for crimes including murder, kidnapping, arson, gambling and trafficking in methamphetamine and cocaine. 34 members of the Aryan Brotherhood of Texas are named in a lengthy federal indictment unsealed Friday by Justice Department prosecutors in Houston, described as an effort to deal a major blow against a racist gang known for its violence. (Cody Duty / Houston Chronicle)

US Attorney for the Southern District of Texas Kenneth Magidson...

Kenneth Magidson is the only person to have served as Harris County district attorney and U.S. attorney for the Southern District, a position he will hold until a replacement is confirmed after the next presidential election. By then he will have been a fixture in the world of local prosecutors for four decades, though that doesn't mean the average Houstonian would recognize his name. Last week he sat down with Houston Chronicle reporter Mike Tolson.

Q: If one went to the Galleria and mentioned Ken Magidson to any random group of people, no doubt there would be a lot of blank stares. Meanwhile, Kelly Siegler is on a cable TV show. How do you feel about that lack of public recognition?

Translator

To read this article in one of Houston's most-spoken languages, click on the button below.

A: That is the way I want it. I don't need public accolades. I'm not in it for public acclaim. I am only interested in assuring that the interests of the United States are represented every day. We succeed when cases are professionally handled and we faithfully execute the laws and Constitution of the United States. I like it when we are not noticed. I don't think it's important to make (publicity) a critical issue.

Q: There are occasions when a U.S. attorney or a district attorney will personally lead the prosecution to make a point or emphasize how important a particular case is viewed by his office. But you don't do that, nor did you appear in court during your period as DA. Why?

A: I don't handle cases because it puts too much focus on a case. There is no case that deserves special attention. What is special about any particular case? We prosecute based on the law, period. Having said that, we will make sure that all cases are properly resourced.

Q: Because U.S. attorneys in the various districts are appointed by the president, they often come from private practice or return to it once their term ends. But it seems you spent your life preparing for this opportunity, and were lucky enough to get a chance to do it. Did private practice of any sort ever interest you? You could have made much more money.

A: I used to ask myself every year whether there was something I would rather be doing, because I always believe that you should do what you love. The answer was always no. I mean, maybe play shortstop or something, but I was pretty average at that. Money has never given me incentive or motivation. I have not found anything that has motivated me more than this or as satisfying as this. I've got the best job in the world. Who else gets to stand up for the people of the United States? Who gets to work for the department of an ideal?

Q: You cut your teeth in the district attorney's office before moving to the federal side in 1983. Then came the interim appointment to head the Harris County office until a new DA was elected. Have you ever considered running for that position?

A: No. I didn't want to be a person who wanted to run for office. I did not want to play that role. I didn't want to spend the time it would take to get the office. But I loved being the district attorney. My heart is in the DA's office. Morale was not good when I got there. The office was not held in high regard with the public because of the actions of the (previous) DA. The only thing I did was try to lead by example.

Q: We sometimes see flamboyant trials in the state courts, with the lawyers often engaging in courtroom theatrics. But not so much in the federal courts, even in the big cases. Why does the overall tone seem so much different?

A: For one thing, a DA's job is much more of an oral practice. There are fewer times when (the state prosecutor) makes arguments to the court in writing. Federal courts are more of a written practice. It's more formal over here. The rules are different, and you have to play by whatever the rules are. Also, in state court, a jury can assess punishment. Federal courts go by sentencing guidelines. That is a huge difference. There is not the same emotional appeal here that you make to a jury. And ours is more of a proactive practice, while the DA's office is reactive, where the cases come from something that is a fait accompli. The majority of our cases come from working with investigative agencies going after all kinds of criminal activity.

Q: You actively pursued the U.S. attorney position after you came back to the office following the DA stint. Why?

A: Everything in life is timing, and I felt the time was right. I have been in the office since 1983. I didn't think anybody could do this job better than me. I brought to the office a level of experience that other people did not have. I know how the system works. It was going to be hard to find someone with that background. I know that sounds egotistical, but I think it's true. It helps to have the background that a career prosecutor has. I felt I could make a real contribution.

Q: What is it about being a federal prosecutor in Houston that gives you such a thrill?

A: There's a payoff, but it's not in dollars and cents. Every day you come into work and do the right thing. We are the front line for the southwest border of the U.S. And we have been ground zero for a lot of things - illegal immigration and drug trafficking and all sorts of fraud. We are at the forefront of prosecuting drug cartels and organized crime. We've done a lot of public corruption cases. We've had big cases here like Enron and Stanford Financial. The prosecutions we do here are second to none. What we do here in the Southern District is critical for the people of the United States. We represent them in the administration of justice. And I am a person with a religious fervor, a belief in the right thing. I live with this belief that you can achieve justice.